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Sentencing Guidelines

By: Derek Hawkins//February 13, 2017//

Sentencing Guidelines

By: Derek Hawkins//February 13, 2017//

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7th Circuit Court of Appeals

Case Name: United States of America v. Jason L. Nichols

Case No.: 16-1628

Officials: RIPPLE, ROVNER, and SYKES, Circuit Judges

Focus: Sentencing Guidelines

Jason Nichols was charged with two counts of possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g). Prior to trial, Mr. Nichols moved to suppress the evidence relating to the second count, and, following an evidentiary hearing, the district court denied his motion. He then pleaded guilty to count two, reserving his right to appeal the suppression issue. The Government moved to dismiss the first count and the court granted that motion. In calculating the appropriate guidelines range, the district court denied Mr. Nichols credit for acceptance of responsibility and imposed an enhancement for obstruction of justice. It also concluded that he was not entitled to a reduction in his offense level on the ground that all the firearms and ammunition in his possession were used exclusively for sporting purposes. The court imposed a sentence of 27 months’ imprisonment, at the low end of the applicable guidelines range. Mr. Nichols now challenges his conviction and sentence. He contends that his confession to law enforcement was involuntary and should have been suppressed by the district court. He further contends that, in calculating his sentencing guidelines range, the court should have given him credit for acceptance of responsibility, see U.S.S.G § 3E1.1, and should not have imposed an enhancement for obstruction, id. § 3C1.1. Finally, he submits that his guidelines range should have been reduced because all of the contraband for which he was prosecuted was used for lawful sporting purposes. See U.S.S.G. § 2K2.1(b)(2). We affirm. The district court was faced with opposing versions of the circumstances of Mr. Nichols’s confession from Mr. Nichols himself and his probation officer; it made a credibility determination, which we have no cause to upset on appeal. In light of its determination that Mr. Nichols testified falsely in connection with his motion to suppress, the court committed no reversible error in applying the obstruction enhancement and denying credit for acceptance of responsibility. Finally, Mr. Nichols’s unsupported statements failed to carry his burden of demonstrating that the contraband involved in his case was used exclusively for lawful sporting purposes as would justify a reduction under U.S.S.G. § 2K2.1(b)(2).

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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